Making a will ensures that your money and possessions will be distributed according to your wishes. When a person dies without having made a will, it is called ‘dying intestate’. Without a will, your money and possessions could be distributed in a way you may not have wanted. By making a will, you can ensure that your estate (your money, property and possessions) is passed on in the way you want. You can nominate someone to be responsible for dealing with your will and passing on your estate. It’s important to review your will from time to time and keep it up to date, especially if your circumstances change. After getting married or registering a civil partnership, you will need to make a new will, as any existing wills become void. Not married or not civil partnered Couples who are not married or not civil partnered can only inherit from each other if there is a will. And, unless your partner has specifically named you in a will, you will not be automatically nominated as their personal representative to sort out what is left behind. Without a will, the only option for a surviving partner who feels they have not received reasonable financial provision is to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Married or civil partnered - when survived by a spouse or civil partner and children If your estate is worth up to £250,000, everything goes to your surviving spouse or civil partner. If your estate is valued at more than £250,000, the first £250,000 plus personal possessions go to your spouse or civil partner. Half of the rest is shared equally among your children, and the income or interest on the remainder goes to your spouse or civil partner until they die. At this stage, the capital is shared equally between your children. Married or civil partnered - when survived by a spouse or civil partner, and either the parents or siblings (but no children) If your estate is worth up to £450,000, everything goes to your surviving spouse or civil partner. If your estate is valued at more than £450,000, the first £450,000 goes to your spouse or civil partner, along with half of the rest and all your personal possessions. The other half is shared equally between parents, or shared between siblings if there are no surviving parents. Note: These rules only apply to ‘whole blood’ siblings, which means brother or sisters who share both parents with you. If you have children, your will should say what you would want to happen to them if you or your partner die, whatever your marital status. Inheritance tax - not married and not civil partnered Inheritance tax is applied to the value of an estate when the owner dies. Assets below £325,000 fall into something called the nil-rate band and are charged 0% tax. Assets above £325,000 are taxed at 40%, so it’s quite a big jump. If your family home is worth more than £325,000, this could cause a problem. There have been cases where surviving partners have had to sell off their shared home just to cover the inheritance tax. In areas where property prices have risen, it may be too expensive to buy another home nearby. Inheritance tax - married or civil partnered Married and civil partnered people are offered special circumstances that allow them to transfer their nil-rate band to a partner after they die. Any of the £325,000 allowance that hasn’t been used can be transferred to the surviving spouse or civil partner’s estate, effectively doubling the threshold to £650,000. Later, when the surviving spouse or civil partner dies, inheritance tax kicks in only when the value of their estate exceeds their own nil-rate band and the partner’s unused nil-rate band. However, inheritance tax does apply to anything left to any children. Further information You can find more information and advice on making a will at Citizens Advice. The legal information on this page was checked by Langleys Solicitors.

Before you apply for a court order it is worth remembering that judges will expect you to have tried to agree. You and your ex have joint responsibility for working out the arrangements for your children. This duty continues when you separate, even if you have never lived together. If you can’t talk to each other, you will be expected to ask for help from a mediator or a solicitor. The court will expect each parent to put forward their case. It is the court’s duty to put the child’s welfare first. It can be hard for parents to accept that what they ask for may not be what is best for the child. What courts say is best for a child For parents to encourage the child to have a good relationship with the other parent. For parents to have a ‘good enough’ relationship with each other. For the child to spend time with both parents. The law sees it as the child’s right to have regular, personal contact unless there is a very good reason not to. In the rare cases where contact is denied, the court will have been satisfied that the child’s safety is at risk. Denial of contact is unusual and in most cases the contact ordered will be frequent and substantial, considering the child’s age and all the circumstances. In some cases, contact will be arranged on an interim basis which will be subject to review until the Court is satisfied that the amount and frequency of contact is right. Non-payment of child support is not a reason the court would consider denying contact. Summary If you want to change agreed arrangements, the court will expect you to make sure the other parent agrees first or that you have used the help of a mediator or solicitor before going to court. Experience shows that court-imposed orders tend to work less well than agreements made between parents. Court proceedings are good for restoring contact when it has stopped and increasing it when it is insufficient. However, going to court does not necessarily improve the parenting relationship, which is so important to children’s wellbeing. While family mediation offers parents a chance to improve their relationship and focus on the needs of the child, going to court tends to teach couples how to argue! Having a court order If there is a court order in place you must do what it says, even if you don’t agree with it. If you want to do something different, you must apply to the court to have it varied or discharged.

As children grow up and develop through different stages, they gradually become more involved in the world outside their immediate families. If you and your child's other parent are separated, you may need to review your parenting arrangements as your child's needs change. Starting nursery and school are both significant steps, usually marking the start of children developing their own social lives. By the time children reach their mid to late teens, it might seem like their friends have become more important than their family. For separated parents, life transitions like these can also trigger a need to review the childcare arrangements. If possible, it's better for children if both parents are involved in the planning and decision making around these stages and changes. Older children may want to take on part-time jobs or have weekend sleepovers at their friends’ homes. When children start school, parents need to consider that parenting time will be built around the beginning and end of the school day and term times. All parents will will also have to take responsibility for making sure homework gets done and school uniform is washed and ready for Monday morning. If your children spend part of the school week at both homes, you will find that good communication and planning are essential to keeping life easy. If you have a good co-parenting relationship, adapting the arrangements to suit your children's changing needs doesn’t have to be a big issue. If, however, you find agreeing changes with the other parent difficult and avoid discussing the need to review things, you may find things suddenly aren't working anymore. Most parenting plans have a shelf life of about two years before they need to be reviewed. Sticking rigidly to an outdated plan can be very constricting to children. Be prepared to accept that reviewing the arrangements is a normal part of sharing the joys and challenges of watching your children grow up. New parents and siblings It's common for children to become part of a new stepfamily after their parent's relationship ends. The prospect of a baby brother or sister can be exciting to children of all ages, but can also feel like a threat. If you're the other parent, you may have mixed feelings about your ex's new family but your priority should be to  support your children. If you find it difficult to support your ex, try to see it as an opportunity to show goodwill by accommodating changes to arrangements around the birth of the baby and being flexible around parenting time.

Children face difficult loyalty conflicts when forced to choose between their parents. If being close to one parent means being disloyal to the other, children can feel stuck in the middle. Trying to choose between two parents they love can feel like an impossible situation. It’s often hard for parents to spot loyalty conflicts. Most parents just want to do what’s in the child’s best interests, but their perceptions of this can be clouded by feelings about the other parent. As a result, loyalty conflicts are often caused by unconscious behaviour and subtle messages from parents, and are usually unintended.  How to recognise loyalty conflicts If your child is frequently upset at handovers, seems unwilling to visit the other parent, or even refuses to go, they may be experiencing divided loyalties. Your child’s feelings are heavily influenced by your relationship with your ex-partner. This relationship is likely to be complicated, especially in the early days when you are still working things out. As co-parents, it’s important for you and your ex to have an ongoing relationship. You may need to address some of the following issues: Competition. Your children matter more to you than anything else in the world, and it can feel wonderful to know how much you mean to them. You may instinctively want to try and prove that you’re a better parent than your ex, but this can be confusing and worrying for your children. Remember that it’s best for the children when both of you are on top of your parenting game. Insecurity. If you are already the children’s main carer, separation can feel like a challenge to your role. You might feel like you have more of a right than the other parent to raise your children. It might even feel like your ex is suddenly putting effort into spending time with the children when they didn’t before – this can feel particularly threatening. Anger. It’s common to feel angry during and after a separation and there may be a part of you that wants to punish your ex. However reasonable this feels, it’s essential for your children’s happiness that you leave them out of your disputes. Don’t use your children as bargaining chips, and don’t expecting them to share your anger. Control. You will have to relinquish some control when your children spend time with their other parent. This might make you anxious, but it’s best for the children if you avoid criticising the other parent’s way of doing things. Children are generally good at adapting to different house rules and parenting styles but it can be difficult for them if their parents try to undermine each other. If you there are no immediately obvious reasons why your child is experiencing difficulties, it’s possible there’s a loyalty conflict. Give your children permission to be as close to the other parent as they are to you. Watch out for the hidden messages that children pick up on, and make sure you and your ex are doing as much as possible to make sure your children are comfortable and happy in both homes. Separated partners tend to reassess each other in the light of their relationship breakdown. If your ex has hurt you and disappointed you, you may feel that they’re untrustworthy, selfish, uncaring, irresponsible, and whatever else comes to mind. But it is important to remember that this assessment is about your ex as a partner, and not as a parent. Hard as it may be, try to focus on their good points as a parent. Remember that this is how your children see them, and try to separate your feelings from your children’s. Talking this through with a friend or a counsellor could help you to find new ways of adapting to being a single parent. If you and your ex are struggling to agree the arrangements for your children, a family mediator can support you in deciding what’s best for them.

During a breakup, many couples face the prospect of living under the same roof for some time – often for financial reasons. Your home, once a place of comfort and rest from the outside world, can become a place of anger and tension; a place where you can no longer relax. This can put a big strain on the whole family and your children will feel the effects of this unhappy atmosphere. But there are some simple things you can do to help make the situation more tolerable. The first thing is to acknowledge the stress that you’re both under and make a plan to manage the situation so that everyone feels a little bit better. Communication It may be helpful to agree to limit your conversations to practical matters. Agree a time and place for the more difficult conversations that can arise from breaking up. Keeping these two areas separate will help you to maintain a calm environment for yourselves and your children. Children Consider how you will share your parenting responsibilities. Taking it in turns to be the parent ‘on duty’ at weekends and the evenings gives you both a chance to have time off. It also gives you a chance to test out possible parenting arrangements for when you live apart. Personal time and space It may not be practical to divide up your home into separate areas but it’s important to respect each other’s privacy. Look for opportunities to go out and give each other some space – consider staying with friends or family occasionally, if this is practical. Time apart from each other gives you a chance to relax, feel normal and recharge your batteries. Make sure you both get a chance to do this from time to time. Living arrangements You may be happy to continue managing the household chores in the same way as before. However, if you do want to make changes, try to avoid misunderstandings by making sure you both understand what you are each expected to do.

Child contact centres are neutral places where children meet the mother or father who no longer lives at home with them. The centres provide a valuable service in allowing contact to take place which otherwise might not happen. There are two types of child contact services – supported and supervised.  Supported child contact centres are often held in community centres or church halls. They have facilities to help children build up or maintain their bond with the non-resident parent and other family members. Staff and volunteers are available to assist parents and help create a comfortable atmosphere.  They also deal with the handover of the child so ex-partners don’t need to meet. The staff are completely impartial and are not there to monitor or write reports about parents.  The only things recorded are the dates and times of attendance.  If the contact goes well – and everyone agrees – the next step might be for the parent and child to spend some time together outside of the contact centre. Sometimes the contact centre is used just to help with the handovers. After a while, many parents will feel confident enough that the contact centre is no longer needed. If you feel that a contact centre would be helpful to you, visit NACCC or talk to your solicitor, social worker, health visitor or doctor. In most cases, you will need a referral. Supported contact centres are suitable for families where no significant risks have been identified for the child or those around them. Where there are risk factors, supervised contact may be necessary. Supervised contact gives priority to the physical safety and emotional wellbeing of a child. It also assists in building and sustaining positive relationships between a child and members of their non-resident family. This requires skilled supervisors who are confident enough to intervene if necessary and can work with vulnerable children and distressed adults. Referrals will usually be made by a court, Cafcass officer, local authority, or another child contact centre.